Courts

The 2011 session of the Indiana General Assembly ended on schedule despite the weeks-long walkout by House Democrats. Now,
bills impacting Indiana’s courts and legal community make their way to the governor’s desk.

For the first time, the Indiana Court of Appeals addressed an issue involving express contracts and equitable remedies and
decided that the existence of a contract, in and of itself, doesn’t preclude equitable relief which isn’t inconsistent
with the contract.

Until Friday, Indiana courts had never specifically addressed the application of the in loco parentis doctrine in the context
of a private club sport that isn’t affiliated with a school. The Indiana Court of Appeals addressed the issue in a lawsuit
against a private club volleyball coach and the volleyball club following the injury of a minor player while on private property.

A week after the federal government announced it would seek the death penalty against the prime suspect in the 2000 bombing
of the USS Cole, the Department of Defense has appointed an Indianapolis attorney to represent the man who will face the first
military tribunal under President Barack Obama’s administration.

The 7th Circuit Court of Appeals has upheld the denial of a defendant’s motion to vacate his guilty plea, claiming ineffective
assistance of trial counsel. The judges found the record foreclosed any claim that the man’s attorney was constitutionally
ineffective or that the man didn’t otherwise knowingly and voluntarily plead guilty.

The Indiana Court of Appeals split as to whether only a chronological case summary entry indicating a man’s admissions
to violating terms of community corrections placement is enough to bypass holding an evidentiary hearing.

An amendment to the statute governing credit-time eligibility for people on home detention in criminal corrections programs
is not retroactive, therefore, a defendant isn’t entitled to credit time under the amendment, the Indiana Court of Appeals
concluded Wednesday.

The Indiana Supreme Court agreed with the lower appellate court that a man’s truck shouldn’t have been lost in
a civil forfeiture action because the state didn’t prove any substantial connection between the truck and the commission
of a crime.

At a time when capital punishment requests are down and some state officials are questioning the cost and overall effectiveness
of seeking a death sentence, the issue of what it’s worth to go after this ultimate punishment is getting more scrutiny
in Indiana and nationwide. Read more in Indiana Lawyer's in-depth look at the death penalty and the cost of justice.

Marion Superior Judge David Dreyer has ruled that Indiana Gov. Mitch Daniels doesn’t have to testify about his involvement
in the cancelled multi-million dollar IBM contract to modernize the state’s welfare system.

The Indiana Court of Appeals has affirmed a finding by the Family and Social Services Administration that an elderly woman
was not entitled to Medicaid nursing home benefits in the eight months after she gave $35,500 to her nephew and his wife.

The Domestic Relations Committee and Alternative Dispute Resolution Committee of the Judicial Conference of Indiana have developed
proposed parenting coordination rules and commentary. Parenting coordinators are used to help resolve disputes between parents
regarding children. Currently, there are no existing Indiana Supreme Court rules covering the area.

The Supreme Court of the United States won’t take an Indiana case which delved into whether the 11th Amendment prohibits
an independent state agency from suing a traditional state agency in federal court.

In a case of first impression in this state, the Indiana Court of Appeals has determined that BP Products North America Inc.'s
petroleum refinery plant in northern Indiana isn’t a public utility as defined by state statute when it acts as a sort
of conduit and provides natural gas and other services such as steam and wastewater to other private companies nearby.

In a decision Friday, the 7th Circuit Court of Appeals repeated its holding that a District judge can satisfy the review standards
under 18 U.S.C. Section 3553(a) without having to list every possible sentencing factor or detail of every argument raised
for the federal appellate court to find that the sentence was proper.

U.S. Magistrate Judge Tim A. Baker has been appointed by U.S. Supreme Court Chief Justice John G. Roberts Jr. to serve as
chair of the Federal Judicial Center’s U.S. Magistrate Judge Education Advisory Committee.